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Keywords

contractplaintiffdefendantjurisdictionliabilityindemnitycontractual obligationattachment

contractplaintiffdefendantnegligencestatuteappealcontractual obligation

Related Cases

Seider v. Roth, nan

Facts

The plaintiffs, a married couple from New York, were injured in a car accident in Vermont allegedly caused by the defendant Lemiux, a Quebec resident. The court ordered the attachment of Hartford Accident and Indemnity Company's obligation to defend and indemnify Lemiux under an automobile liability policy issued in Canada. Lemiux was served in Quebec, while the attachment was served on Hartford in New York.

The two plaintiffs, husband and wife, residents of New York, were injured in an automobile accident on a highway in Vermont, allegedly through the negligence of defendant Lemiux who lives in Quebec.

Issue

Is the defendant's liability insurer's contractual obligation to defend and indemnify the defendant a 'debt' subject to attachment under CPLR 6202 in a personal injury action against a nonresident defendant?

Was the order of this court, dated April 19, 1965, properly made?

Rule

The court applied CPLR 5201 and 6202, which define attachable debts and obligations, to determine whether the insurer's contractual obligations constituted a debt.

The controlling statutes are CPLR 5201 and 6202.

Analysis

The court found that Hartford's obligation to defend Lemiux arose immediately upon the accident, creating a contractual obligation that could be considered a 'debt' under CPLR 5201 and 6202. The court distinguished this case from others by emphasizing that the insurer's obligations were not contingent upon a future event but were triggered by the accident itself, thus justifying the attachment.

Thus, as soon as the accident occurred there was imposed on Hartford a contractual obligation which should be considered a 'debt' within the meaning of CPLR 5201 and 6202.

Conclusion

The court affirmed the order of attachment, concluding that Hartford's obligation to defend and indemnify Lemiux was indeed a debt subject to attachment, allowing jurisdiction in New York.

The order appealed from should be affirmed, with costs, and the certified question answered in the affirmative.

Who won?

The plaintiffs prevailed in the case because the court upheld the attachment of the insurer's obligation, allowing them to pursue their claims in New York.

Both courts below answered that question in the affirmative. We think that is the correct answer.

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